Frequently Asked Questions

Disability Support Services (DSS) is a Maryland-based law firm specializing in Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) claims. We help clients throughout the United States with initial applications, appeals, and disability hearings. The average disability hearing takes 18-24 months, and our attorneys work on a contingency basis, so you pay nothing unless you win. If you’ve been denied, you have only 60 days to file an appeal.

Because of our experience helping disability claimants navigate this complex process, we’ve compiled answers to the most common questions we receive. Whether you’re just starting your application or dealing with a denial, the information below will help you understand your rights, the process, and what to expect.

Application Process


Should I apply for disability benefits?

Short answer: Yes, if you cannot work due to a medical condition that will last at least 12 months.

Detailed answer: You should apply for Social Security disability benefits if you meet these criteria:

  1. You are not working or earning less than $1,620 per month (2025 limit),
  2. You have a severe medical condition that prevents you from working,
  3. Your condition will last at least 12 months or result in death, and
  4. You cannot perform your previous work or adjust to other work.

If you answer “yes” to all these questions, the Social Security Administration (SSA) is likely to consider your application favorably.

Related questions: When should I apply for disability benefits? | What medical conditions qualify?

When should I apply for disability benefits?

Short answer: Apply immediately if you have a long-term disability, or 6-9 months after you stop working for other conditions.

Detailed answer: If you have an obvious long-term disability (like terminal cancer, ALS, or paralysis), you should apply for disability benefits immediately—even before you stop working. For other conditions, the ideal time to apply is 6-9 months after you stop working. This timing allows you to build sufficient medical evidence while maximizing your potential back pay. SSDI back pay can go back up to 12 months before your application date (plus a 5-month waiting period). Regardless of when you apply, make sure you are seeing your doctor regularly to document your condition.

Maryland-specific note: Maryland disability hearing wait times average 18-24 months, so applying sooner means getting benefits sooner.

Related questions: How far back does disability pay? | Should I apply if I’m still working part-time?

Can I apply for disability if I'm still working part-time?

Short answer: Yes, but your earnings cannot exceed $1,620 per month (2025 limit).

Detailed answer: You can apply for Social Security disability benefits while working part-time, as long as your monthly earnings are below the “substantial gainful activity” (SGA) limit, which is $1,620 per month in 2025 for non-blind individuals. However, working even part-time can hurt your case because it suggests you may be able to work full-time. If you’re working above the SGA limit, the SSA will automatically deny your claim without even reviewing your medical condition. If you’re working below the limit, be prepared to explain why you cannot sustain full-time work.

Related questions: What is substantial gainful activity? | Should I quit my job before applying?

Can I apply for disability if I've already been denied?

Short answer: Yes, you can either appeal your denial or file a new application.

Detailed answer: If you’ve been denied disability benefits, you have two options:

  1. Appeal your denial within 60 days of the denial letter date, or
  2. File a completely new application if your condition has worsened since the denial.

Most people choose to appeal because it’s faster and preserves your original application date (which affects back pay). If you file a new application instead, you may lose months or years of potential back benefits. Appeals have four levels: Reconsideration, Hearing before an Administrative Law Judge (ALJ), Appeals Council Review, and Federal Court. Most cases are won at the ALJ hearing level.

Critical deadline: You must file your appeal within 60 days of the date of your denial letter, or you’ll have to start over with a new claim.

Related questions: What if I don’t file my appeal on time? | What are my chances of winning on appeal?

What if I don't file my disability appeal on time?

Short answer: You’ll have to start over with a new claim and may lose back benefits.

Detailed answer: If you miss the 60-day deadline to appeal your Social Security disability denial (65 days from the date on your denial letter, accounting for 5 mailing days), you must file a completely new disability application. This restart can cost you significantly. You’ll lose the original application date, which determines how far back your benefits can go. You’ll also add to your wait time. In some cases, if you have “good cause” for missing the deadline, such as a serious illness, death in the family, or not receiving the denial letter, the SSA may grant a late appeal. However, this isn’t easy to prove and is not guaranteed. Contact Disability Support Services immediately if you receive a denial letter. We can file your appeal quickly to preserve your rights and maximize your back benefits.

Related questions: How long does the appeal process take? | Can I reopen a closed claim?

Working with Attorneys


Do I need a lawyer for my disability claim?

Short answer: Not required, but highly recommended—especially after a denial or at the hearing level.

Detailed answer: You are not required to have a disability attorney to apply for Social Security benefits, and some people do win on their own. However, statistics show that represented claimants are significantly more likely to win, especially at the hearing level. A disability lawyer knows what evidence the SSA needs, how to obtain proper medical documentation, how to present your case effectively, and how to cross-examine expert witnesses. You can hire representation at any point, from the initial application through federal court appeals. Most people hire an attorney after their first denial, but having representation from the start can improve your chances and reduce stress.

Critical: If you’ve been denied and have a hearing scheduled, having an attorney is essential. The hearing is your best chance to win, and proper preparation makes a huge difference.

Related questions: How much does a disability attorney cost? | When should I hire a disability attorney?

When should I hire a disability attorney?

Short answer: Immediately after receiving a denial letter, or from the start if your case is complex.

Detailed answer: We recommend hiring a disability attorney immediately after receiving a denial letter because you only have 60 days to file an appeal. An attorney can ensure you meet this critical deadline and begin building a stronger case. You should also consider hiring representation from the beginning if:

  1. You have a complex medical condition or multiple impairments
  2. You have a mental health condition that’s harder to document
  3. You’re over 50 years old (age grid rules can help your case)
  4. You’ve been denied before
  5. You simply feel overwhelmed by the process.

Many successful claimants have representation from day one.

Related questions: What does a disability lawyer do? | Can I switch attorneys if I’m unhappy?

What does a disability lawyer do?

Short answer: Analyzes your case, gathers evidence, and represents you at your hearing.

Detailed answer: A Social Security disability attorney handles every aspect of proving you deserve benefits. This includes:

Before the hearing:

  • Analyzing what medical evidence is needed to win your specific case
  • Obtaining detailed reports from your treating doctors that address SSA regulations
  • Gathering additional medical records from specialists
  • Requesting consultative examinations if needed
  • Building a timeline of your work history and limitations
  • Preparing you for testimony

At the hearing:

  • Presenting your case to the Administrative Law Judge
  • Questioning you about your limitations and daily activities
  • Cross-examining vocational experts who testify about available jobs
  • Cross-examining medical experts if they appear
  • Objecting to improper evidence or procedures
  • Presenting a closing statement or written brief

After the hearing:

  • Ensuring the SSA correctly calculates your benefit amount
  • Requesting Appeals Council review if needed
  • Representing you in federal court if necessary

Related questions: How much does a disability attorney cost? | What happens at a disability hearing?

How much does a disability attorney cost?

Short answer: A percentage of your back benefits, maximum $6,000, and only if you win.

Detailed answer: Social Security disability attorneys work on contingency, meaning you pay nothing unless you win your case. It includes a percentage of your past-due benefits (back pay), with a maximum cap of $6,000 set by the Social Security Commissioner. This fee is automatically deducted from your back pay by the SSA and paid directly to your attorney. There are no upfront costs, hourly fees, or charges if you lose. Disability Support Services follows this standard fee structure. Call us at 410-244-0006 for a free case evaluation.

Exception: If your case goes beyond the Administrative Law Judge hearing level to the Appeals Council or Federal Court, additional fees may apply, but the court or SSA must approve these.

Related questions: What are back benefits? | When do I get paid after winning?

The Process & Timeline


How long does the disability process take?

Short answer: 3-24 months depending on the level, with hearings taking the longest.

Detailed answer: The timeline for Social Security disability benefits varies by stage:

  • Initial application: 3-6 months for a decision
  • Reconsideration (first appeal): 3-6 months additional
  • Hearing before ALJ: 12-24 months from request to decision (Maryland average: 18-24 months)
  • Appeals Council review: 12-18 months
  • Federal Court: 1-2 years

Applicants that are denied at the initial and reconsideration levels and must wait for a hearing. From start to finish, winning at the hearing level typically takes 2-3 years total. However, once approved, you’ll receive back pay for the entire time you were waiting (minus the 5-month waiting period).

Related questions: How long will I wait for a disability hearing? | Can I speed up the process?

How long will I wait for a disability hearing?

Short answer: It varies. Currently, on average, it takes 12-18 months nationally from requesting a hearing to receiving a decision; 18-24 months in Maryland.

Detailed answer: A disability hearing before an Administrative Law Judge (ALJ) typically takes 12-18 months nationwide from the time you request the hearing until you receive a decision. This includes the wait time for the hearing to be scheduled plus 1-3 months for the judge to issue a written decision. In Maryland specifically, wait times are longer, averaging 18-24 months. While this seems like a long time, the hearing is where most disability cases are won, so it’s worth the wait. If approved, you’ll receive back pay.

Can you speed it up? In some cases, yes. If you have a terminal illness or dire financial situation, you may qualify for expedited processing. Your attorney can request this on your behalf.

Related questions: What happens at a disability hearing? | What are my chances of winning at a hearing?

What happens at a disability hearing?

Short answer: You testify before a judge about your limitations, and experts may testify about jobs you can or cannot do.

Detailed answer: A Social Security disability hearing is a private, informal proceeding held in a small conference room (or sometimes via video or phone). Here’s what to expect:

Who’s present:

  • Administrative Law Judge (ALJ)
  • You (the claimant)
  • Your attorney
  • A hearing reporter (records the session)
  • Sometimes a vocational expert (testifies about jobs)
  • Sometimes a medical expert (testifies about your condition)

What happens:

  • The hearing lasts 45-60 minutes
  • The judge asks about your work history, education, and training
  • You testify about your symptoms, limitations, and daily activities
  • Your attorney asks you questions to highlight your limitations
  • If a vocational expert appears, they testify about jobs you might be able to do
  • Your attorney cross-examines the experts
  • Your attorney may present a closing statement

Preparation is key. Disability Support Services prepares all clients thoroughly before their hearing, including practice sessions and reviewing likely questions.

Maryland hearings: Most Maryland hearings are held in Baltimore, Woodlawn, or Bethesda. Some are conducted via video from other locations.

Related questions: How should I prepare for my hearing? | What should I wear to my hearing?

What are my chances of getting disability benefits?

Short answer: About 33% at initial application, 50-60% at the hearing level with representation.

Detailed answer: Your chances of winning Social Security disability benefits depend on which stage you’re at:

  • Initial application: About 33% approval rate nationally
  • Reconsideration: About 10-15% approval rate
  • ALJ hearing with attorney: About 50-60% approval rate
  • ALJ hearing without attorney: About 30-40% approval rate

The statistics show that most people are denied initially but win at the hearing level, especially with representation. Your individual chances also depend on factors like your age, your condition, the strength of your medical evidence, and your work history.

Related questions: What conditions automatically qualify? | Why was I denied?

Benefits & Payment


How much will I receive in disability benefits?

Short answer: SSDI averages $1,400-$3,800 per month; SSI is up to $943 per month (2025).

Detailed answer: Your Social Security Disability Insurance (SSDI) benefit amount depends on your lifetime earnings and how much you paid into Social Security. The average SSDI payments in 2025 range from about $1,400 to $3,800 depending on your work history. You can estimate your benefit by creating a “my Social Security” account at ssa.gov and reviewing your earnings record.

Supplemental Security Income (SSI) is a need-based program with a maximum federal benefit of $943 per month for individuals in 2025 ($1,415 for couples). Maryland adds a small state supplement. Your SSI payment may be reduced if you have other income or resources.

Related questions: What’s the difference between SSDI and SSI? | How far back does disability pay?

How far back does disability pay?

Short answer: SSDI pays back up to 12 months before your application date (after a 5-month waiting period).

Detailed answer: Social Security Disability Insurance (SSDI) can pay retroactive benefits up to 12 months before the date you filed your application. However, there’s also a 5-month waiting period from your disability onset date before benefits begin. For example, if you became disabled in January 2024, filed your application in June 2024, and were approved in 2025, you could receive back pay starting from June 2024 (12 months before application) minus the 5-month waiting period. Why does this matters? Applying sooner rather than later preserves your back pay eligibility. Every month you wait to apply is a month of benefits you may lose.

Supplemental Security Income (SSI) does not pay retroactive benefits. SSI benefits begin the month after you apply or the month after you become eligible, whichever is later.

Related questions: When should I apply for disability? | When will I receive my first payment?

When will I receive my first payment after winning?

Short answer: 1-3 months after your approval for back pay, then monthly payments on the 3rd.

Detailed answer: After you’re approved for Social Security disability benefits, you’ll typically receive your back pay (past-due benefits) in 1-3 months. The SSA first deducts any attorney fees, then issues your lump sum payment. After that, you’ll receive ongoing monthly payments on the 3rd of each month (or based on your birthdate if you were already receiving Social Security). Example: If approved in March with an onset date of January 2024, you’d receive back pay for July 2024 through February 2025, then ongoing monthly payments starting in March.

For SSDI, there’s a 5-month waiting period from your onset date, so your first monthly payment covers the 6th month of disability. For SSI, payments begin the month after approval.

Related questions: How much will I receive? | What can I do with my back pay?

Common Mistakes & Concerns


What is the biggest mistake disability applicants make?

Short answer: Failing to appeal a denial to the hearing level.

Detailed answer: The single biggest mistake disability applicants make is giving up after an initial denial instead of appealing to the hearing level. Statistics show that about 67% of initial applications are denied, but 50-60% of claimants win at the Administrative Law Judge (ALJ) hearing level with proper representation. The hearing is your best chance to win because you can testify in person, present evidence, and have your attorney advocate for you.

Other common mistakes include:

  • Missing the 60-day appeal deadline
  • Not seeing doctors regularly to build medical evidence
  • Failing to follow prescribed treatment
  • Working above the substantial gainful activity limit
  • Not being honest about daily limitations
  • Providing incomplete medical records
  • Not preparing adequately for the hearing

Don’t give up after a denial. Contact Disability Support Services at 410-244-0006 to discuss your appeal options.

Related questions: Can I apply if I’ve been denied before? | What if I miss my appeal deadline?

Can my disability benefits be taken away?

Short answer: Yes, if your condition improves or you return to work above SGA limits.

Detailed answer: Yes, Social Security can terminate your disability benefits through a “continuing disability review” (CDR) if they determine your condition has medically improved and you can return to work. The SSA conducts reviews periodically, every 6 months to 7 years, depending on how likely your condition is to improve. You can also lose benefits if you return to work and earn more than the substantial gainful activity (SGA) limit. However, there are work incentive programs that allow you to test your ability to work without immediately losing benefits.

Important: If you receive a CDR notice, respond promptly and provide updated medical records. If your benefits are terminated, you have the right to appeal.

Related questions: Can I work while on disability? | What is a continuing disability review?

What medical conditions automatically qualify for disability?

Short answer: Conditions that meet SSA’s “Compassionate Allowances” or “Listing of Impairments.”

Detailed answer: Social Security maintains a “Listing of Impairments” (the Blue Book) with medical conditions that automatically qualify for disability if you meet specific criteria. Some examples include:

Compassionate Allowances (expedited):

  • ALS (Lou Gehrig’s disease)
  • Certain cancers (pancreatic, liver, stage IV breast cancer, etc.)
  • Early-onset Alzheimer’s disease
  • Certain rare diseases

Blue Book listings include:

  • Musculoskeletal disorders (spine disorders, major joint dysfunction)
  • Cardiovascular conditions (chronic heart failure, coronary artery disease)
  • Respiratory illnesses (COPD, cystic fibrosis)
  • Neurological disorders (epilepsy, Parkinson’s, MS, cerebral palsy)
  • Mental disorders (schizophrenia, bipolar disorder, PTSD, autism)
  • Immune system disorders (HIV, lupus, rheumatoid arthritis)
  • Cancer (various types depending on stage and treatment)
  • Kidney disease requiring dialysis

Even if your condition isn’t listed, you can still qualify if you can prove your symptoms prevent you from working. Many people win with “unlisted” conditions like fibromyalgia, chronic pain, or combined impairments.

Related questions: Should I apply for disability? | What evidence do I need?

Why should I choose Disability Support Services?


Short answer: Maryland-based disability experts with nationwide reach who only get paid if you win.

Detailed answer: Disability Support Services exclusively focuses on Social Security Disability law, meaning we know this area inside and out. We help Maryland residents and clients nationwide from the initial application through federal court appeals. Our team handles everything: filing applications, gathering medical evidence, preparing you for hearings, cross-examining experts, and maximizing your benefits. We work on contingency (you pay nothing unless you win), and we prepare every client thoroughly for their hearing—the most critical stage of the process. With Maryland hearing wait times of 18-24 months, having experienced representation from the start ensures your case is ready when your hearing date arrives.

Call 410-244-0006 or request a free evaluation. We’re based in Maryland but serve clients throughout the United States.

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